between 911904 Ontario Inc. and Collective Agreement ... · between 911904 Ontario Inc. and...

Collective Agreement

between

911904 Ontario Inc.

and

Construction Workers Local 53, CLAC

affiliated with Christian Labour Association of Canada

September 1, 2006- January 31,2009

TABLE OF CONTENTS

Article 1 - Purpose ........................................................................................................... 1

Article 2 - Recognition ...................................................................................................... 2

Article 3- Union Representation ...................................................................................... 3

Article 4- No Strikes Or Lockouts .................................................................................... 3

Article 5 - Employment Policy And Union Membership ................................................... .4

Article 6 - Checkoff .......................................................................................................... 5

Article 7- Wages And Rates Of Pay ................................................................................ 6

Article 8- Overtime And Sunday Labour ......................................................................... 6

Article 9 - Vacations And Vacation Pay ........................................................................... 7

Article 10- Holidays ......................................................................................................... 7

Article 11 -Seniority And Layoffs ..................................................................................... 8

Article 12- Employees' Layoff Trust Fund ....................................................................... 8

Article 13 - Health Insurance And Pension Plan ............................................................ 10

Article 14- Transportation, Travel Time & Room & Board ............................................. 13

Article 15 - Tools ............................................................................................................ 13

Article 16 - Protective Equipment .................................................................................. 13

Article 17- Rest Periods ................................................................................................ 14

Article 18- Leaves Of Absence ..................................................................................... 14

Article 19- Grievance Procedure ................................................................................... 15

Article 20 - Arbitration .................................................................................................... 16

Article 21 - Discharge, Suspension And Warning .......................................................... 17

Article 22- Education And Assistance Fund .................................................................. 17

Article 23 - Duration ....................................................................................................... 18

Schedule A .................................................................................................................... 19

COLLECTIVE AGREEMENT

between

911904 Ontario Inc. (hereinafter referred to as "the Employer")

and

Construction Workers Local 53, CLAC (hereinafter referred to as "the Union")

September 1, 2006 to January 31, 2009

ARTICLE 1 - PURPOSE

1.01 It is the intent and purpose of the parties to this Agreement, which has been negotiated and entered into in good faith:

a. to recognize mutually the respective rights, responsibilities and functions of the parties hereto;

b. to provide and maintain working conditions, hours of work, wage rates and benefits set forth herein;

c. to establish an orderly system for the promotion, demotion, transfer, layoff and recall of employees;

d. establish a prompt, just and equitable procedure for the disposition of grievances;

e. and generally, through the full and fair administration of all the terms and provisions contained herein, to develop and achieve a relationship between the Union, the Employer and the employees which will be conducive to their mutual well being.

1.02 It is agreed that the omission of specific mention in this Agreement of existing rights and privileges established or recognized by the Employer shall not be construed to deprive employees of such rights and privileges.

911904 Ontario Inc. September 1, 2006 - January 31, 2009

CLAC, Local 53 Page 1

ARTICLE 2 -RECOGNITION

2.01 The Employer recognizes the Union as the exclusive bargaining agent for all employees of the employer in all sectors of the construction industry, working in the county of Lambton [Board Area # 2] except for non-working foreman, persons above the rank of non-working foreman, employees having a supervisory or confidential capacity, or having authority to employ, discharge or discipline employees, office and sales staff.

2.02 Except in cases of emergency, non-working foremen, supervisors and other non-bargaining unit (employees) personnel shall not normally perform work included in work or job classifications under this Agreement and normally performed by members of the bargaining unit.

2.03 It is agreed by the parties that there shall be no revision, amendment or alteration of the bargaining unit as defined herein or of any of the terms and provisions of this Agreement except by the mutual agreement in writing of the parties hereto. Without limiting the generality of the foregoing, no classification of work or jobs may be removed from the bargaining unit except by the mutual agreement in writing of the parties.

2.04 The Employer agrees that the duly appointed representatives of the Christian Labour Association of Canada are authorized to act on behalf of the Union for the purpose of supervising, administering and negotiating the terms and conditions of this Agreement and all matters related thereto.

2.05 The Union acknowledges that it is the function of the Employer:

a. to manage the enterprise, including the scheduling of work and the control of materials;

b. to maintain order, discipline and efficiency and to make, alter and amend rules of conduct and procedure for employees provided that such rules are consistent with the purpose and terms of this Agreement and are administered in a fair and reasonable manner;

c. to hire, direct, transfer, promote, demote, layoff, suspend and discharge provided that such actions are consistent with the purpose and terms of this Agreement and provided that a claim by an employee that he has been disciplined or discharged without just cause will be subject to the grievance procedure in Article 19.

2.06 The Employer shall not subcontract any bargaining unit work covered by this Agreement if employees qualified to do the work are on layoff, if employees qualified to do the work must be laid off, demoted or discharged as the result of the subcontracting of work or if other members of the Union qualified to do the work are available for the work.

911904 Ontario Inc. September 1, 2006 -' January 31, 2009


2.07 Where bargaining unit work cannot be done by bargaining unit employees and is then assigned to other available members of the Union who are qualified to do the work, the Employer shall have the right to either hire such other members of the Union or enter into a subcontract agreement with their employer or, failing the foregoing, enter into a subcontract agreement with such other members of the Union themselves.

ARTICLE 3- UNION REPRESENTATION

3.01 For the purpose of representation with the Employer, the Union shall function and be recognized as follows:

a. The Union has the right to appoint stewards. The stewards are representatives of the employees in certain matters pertaining to this Agreement including the processing of grievances.

b. CLAC representatives are also representatives of the employees in all matters pertaining to this Agreement, particularly for the purpose of processing grievances, negotiating amendments to or renewals of this Agreement and enforcing the employees' collective bargaining rights and any other rights under this Agreement and under the law.

3.02 The Union agrees to notify the Employer in writing of the names of its officials and the effective dates of their appointments.

3.03 Stewards will not absent themselves from their work to deal with grievances without first obtaining the permission of the Employer. Permission will not be withheld unreasonably and the Employer will pay such stewards at their regular hourly rates while attending to such matters, as well as for time spent on negotiating a collective agreement with the Employer whenever this takes place during the regular working hours of the stewards concerned.

3.04 The Employer may meet periodically with his employees for the purpose of discussing any matters of mutual interest or concern to the Employer, the Union and the employees. A CLAC representative may attend such meetings if that is requested by an employee or by the Employer.

3.05 There shall be no Union activity on Employer's time or on Employer's premises except that which is necessary for the processing of grievances and the administration and enforcement of this Agreement.

ARTICLE 4 - NO STRIKES OR LOCKOUTS

4.01 During the term of this Agreement or while negotiations for a further agreement are being held, the Union will not permit or encourage any strike, slowdown or

911904 Ontario Inc. September 1, 2006 -'-January 31, 2009


any stoppage of work or otherwise restrict or interfere with the Employer's operation through its members.

4.02 During the term of this Agreement or while negotiations for a further agreement are being held, the Employer will not engage in any lockout of its employees or deliberately restrict or reduce the hours of work or deliberately send employees home when this is not warranted by the workload.

ARTICLE 5 -EMPLOYMENT POLICY AND UNION MEMBERSHIP

5.01 When the Employer obtains work which requires the hiring of new employees, he shall follow this procedure:

a. The Employer may recall from layoff employees who previously worked for the Employer under the provisions of a collective agreement with the Christian Labour Association of Canada or with any CLAC affiliated local.

b. If the Employer requires additional employees, he shall notify the Union by fax at least one (1) week in advance of the number of new employees needed, and the qualifications required.

c. The Union undertakes to respond to the fax by sending the Employer a list of CLAC members who have the required qualifications, providing telephone numbers for each. The Employer shall endeavour to contact the persons on the list, beginning with the name at the top of the list. When the hiring has been completed, the Employer shall fax back to the Union the employment list, indicating hiring decisions or reason for not hiring behind each name.

d. If the Employer is not able to obtain the required number of skilled employees after considering all names on the Union's employment list, the Employer is free to hire from other sources.

e. When the employer hires new employees from sources other than the union employment list, he shall fax to the Union a notice of such hiring, not later than fourteen (14) days after such hiring occurs. The notice shall include the name, address, telephone number, and job classification of each newly hired employee.

f. Employees hired from the employment list provided by the Union, shall be placed on a one (1) month probationary period. New employees hired from sources other than the Union's employment list shall be placed on a four (4) month probationary period.

5.02 New employees who complete the probationary period shall have their respective seniority dated back to the date of their most recent hiring.


CLAC, Local 53 Page4

5.03 Probationary employees are covered by all the provisions of this Agreement with the exception of those articles which specifically exclude probationary employees. Union membership or lack of it does not exclude any employee from any of the provisions of this Agreement.

5.04 Neither the Employer nor the Union will compel employees to join the Union. The Employer will not discriminate against any employee because of Union membership or lack of it and will inform all new employees of the contractual relationship between the Employer and the Union. Before commencing work, any new employee will be referred by the Employer to a steward or a CLAC representative in order to give such steward or CLAC representative an opportunity to describe the Union's purposes and representation policies to new employees.

5.05 The Union agrees that it will make membership in the Union available to all employees covered by this Agreement on the same terms and conditions as are applicable to other members of the Union.

ARTICLE 6 - CHECKOFF

6.01 a. The Employer shall, at least once monthly, check off from each employee

who has worked the month or part thereof the amount equal to Union dues, as set by the CLAC National Convention and as contained within the Employer Dues Directive issued by the Union office.

b. The Employer shall also deduct any authorized initiation fees owing by an employee.

c. The Employer is also authorized to deduct retroactively one ( 1) month's amount equal to Union dues from seniority employees who have not paid the prescribed amount during the previous month(s).

d. The total amount(s) checked off and/or deducted on behalf of the Union will be turned over by the Employer to the Union treasurer each month, within two (2) weeks after the end of the month for which the check off and/or deductions are made, together with an itemized list of the employees for whom the deductions are made and the amount remitted for each.

6.02 The Union has a conscientious objection policy for employees who cannot support the Union with their dues for reasons of conscience, as determined by the Union's internal guidelines on what constitutes a conscientious objection.



ARTICLE 7- WAGES AND RATES OF PAY

7.01 Wage schedules applicable to various job classifications are as set forth on Schedule A attached hereto and made part hereof.

7.02 Additional classifications may be established only by mutual agreement between the Employer and the Union during the term of this Agreement and the rates for same shall be subject to negotiation between the Employer and the Union.

7.03 The Employer agrees to pay three (3) hours of wages in the event that the employee reports for work in the usual manner and is prevented from starting work due to any cause not within his control providing the employee remains at the job for the full three (3) hours. In cases of inclement weather conditions, the employee shall be obligated to call the Employer to ascertain whether or not he shall report for work.

7.04 Employees shall be paid on Thursday of each week provided the employee has his time sheet in by the preceding Monday at 8:30a.m.

ARTICLE 8- OVERTIME AND SUNDAY LABOUR

8.01 The regular work week for road work, sewer and watermain construction shall consist of fifty (50) hours, comprised of five (5), ten (10) hour days, Monday to Friday inclusive.

8.02 Work performed in excess of ten (1 0) hours per day shall be paid at the rate of time and one-half (1.5). Work performed before 7:00 a.m. and after 6:00 p.m. on Mondays to Fridays inclusive shall be paid at the rate of time and one-half (1.5). For building construction, the above shall read nine (9) hours per day.

8.03 There shall be no regular work done on Sunday. If extraordinary circumstances necessitate work on Sunday, and only if agreed upon by the Employer and the Union, time worked shall be paid at the rate of two (2) times the regular rate of pay for such hours irrespective of weekly hours.

8.04 Employees shall not accept paid employment in the construction industry if employed a minimum of forty (40) hours per week by the Employer.

8.05 Employees shall receive a lunch period of thirty (30) minutes per day. Such lunch period shall not be considered as time worked.

8.06 In case a night shift is employed, the Employer will pay a premium of twentyfive ($0.25) cents per hour above the regular rate. A night shift is a nine (9) hour shift that begins after 3:30 p.m. and is scheduled for three (3) consecutive shifts.

911904 Ontario Inc. September 1, 2006 -January 31, 2009


ARTICLE 9- VACATIONS AND VACATION PAY

9.01 Vacations shall be granted according to the following schedule:

Period Worked Time Off Vacation Pay* less than 2 years 2weeks 4% upon completion of 2 years 3weeks 6% upon completion of 5 years 4weeks 8%

*percentage of annual gross earn1ngs

9.02 The Employer shall, by mutual agreement, grant each employee two (2) weeks' vacation time during the July-August holiday period and any remaining week at the request of the employee.

9.03 All requests for vacation time shall be made in writing or on a vacation schedule posted by the Employer.

9.04 If two (2) or more employees request the same vacation period, seniority shall apply.

9.05 Vacation Pay a. The Employer agrees to pay out vacation pay weekly with the regular

earnings of all employees. The vacation pay shall be deducted from the employee's pay after all other deductions have been made from the pay and remitted monthly by the Employer to the Vacation Pay Trust Fund of the Employees' Trust Fund (the "Fund") along with an itemized list of the employees for whom remittances are made and the amount of vacation pay remitted for each.

b. All vacation pay is payable by July 1 each year and at two (2) other times during the year at the employee's request to the Fund.

ARTICLE 10- HOLIDAYS

10.01 The following days are recognized holidays with pay under this Agreement for all employees who have completed their probationary period:

New Year's Day, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Christmas Day and Boxing Day

10.02 An employee who works on a paid holiday shall be paid at the rate of one and one-half (1%) times the regular hourly rate for each hour worked, in addition to regular wages for the holiday.



10.03 In order to qualify for holiday pay, an employee must work her last full scheduled shift immediately preceding and her first full scheduled shift immediately following the holiday.

ARTICLE 11- SENIORITY AND LAYOFFS

11.01 When one or more employees are to be laid off, the decision on the order of layoff shall be decided with the following considerations:

a. ability of the employees to perform the work according to accepted standards;

b. family circumstances of the employee;

c. seniority standings of the employees.

11.02 The Employer shall give the employee(s) one (1) week's notice in case of layoff unless the layoff is due to any cause not within the Employer's control. Employees shall give the Employer one (1) week's notice when they wish to discontinue their employment.

11.03 Seniority rights shall cease for any employee who:

a. voluntarily quits the employ of the Employer;

b. is discharged and such discharge is not reversed through the grievance procedure;

c. fails to report on the first (1st) day following the expiration of a leave of absence unless he has a justifiable reason;

d. is laid off for a continuous period of more than twelve (12) consecutive months; and

e. fails to report for work on the second (2nd) day after being recalled from a layoff or fails to make other satisfactory arrangements with the Employer.

11.04 Any employee who wishes to appeal a layoff shall first contact the Employer to ascertain the reason for the layoff. If the employee subsequently wishes to pursue the matter, he shall follow the grievance procedure.

ARTICLE 12- EMPLOYEES' LAYOFF TRUST FUND

12.01 In order to protect the seniority employees and their families from the financial hazards of a layoff, the Employer agrees to compensate the financial losses as follows:



a. The Employer shall deduct from each seniority employee's wage an amount of twenty cents ($0.20) per working hour.

b. The Employer shall remit the amount thus accumulated to the Employees' Layoff Trust Fund on a monthly basis together with an itemized list of the seniority employees for whom the deductions are made, the number of hours' worked and the amounts deducted.

c. The Employer shall similarly remit an additional twenty cents ($0.20) per employee per working hour to the Employees' Layoff Trust Fund.

d. The accumulated sum of forty cents ($0.40) per seniority employee per working hour shall be paid to the employee during his layoff until his accumulated benefit is depleted.

e. After two (2) years' contributions have been accumulated and when no layoff occurs, each employee shall be paid his own accumulated amount of twenty cents ($0.20) per hour worked in his first (1st) year of contributions. The Employer shall similarly receive a refund of the twenty cents ($0.20) per hour per employee accumulated during the first (1st) year. Refunds to the Employer and the employee(s) shall be diminished equally by short duration layoff of the employee(s) as described in Article 12.01(g) below. Refunds to the Employer and the employee(s) shall not deplete accumulated amounts in the Fund below one ( 1) year's contributions.

f. If a seniority employee resigns or is discharged, he shall receive a refund of his own contribution to the Employees' Layoff Trust Fund in its entirety and the Employer shall be similarly refunded of his contribution on that employee's behalf.

g. The accumulated sum of forty cents ($0.40) per employee per working hour shall be paid to the employee during his layoff in the amount of one hundred dollars ($1 00.00) per week and/or an amount agreed upon by the parties.

h. Employees' Layoff Trust Fund payments shall supplement Employment Insurance benefits as provided by the Employment Insurance Commission.

i. An employee must qualify for payment of Employment Insurance benefits before he qualifies for Layoff Fund payments. The waiting period and other rules regulating Employment Insurance benefit payments shall also govern payments from the Employees' Layoff Trust Fund.

j. Any employee who terminates his employment and does not give one ( 1) week's notice to the Employer as specified in Article 11.09 shall not receive a refund of his own contribution. Such excess funds shall be used to assist remaining employees in case of prolonged layoffs.



12.02 It is understood that the employees on layoff shall be paid on a weekly basis provided the employee qualifies as outlined under Article 12.01.

12.03 The Employees' Layoff Trust Fund is administered by its own board of directors, independent from the Union and the Employer. Interest accruing to the Fund shall be used by the board of directors of the Employees' Layoff Trust Fund to pay administration costs.

12.04 The Employer shall have the right to select the layoff period with the understanding that this selection will be done according to seniority and other provisions concerning layoff provided for in this Collective Agreement

12.05 Both the Employer and the employee shall commence contributions from the day the employee attains seniority.

ARTICLE 13 • HEALTH INSURANCE and PENSION PLAN

13.01 In order to protect the employees and their families from the financial hardships of involuntary termination of employment and to aid these employees and their legal dependents in obtaining proper health care, the Employer shall contribute one hundred percent (100%) of the current premium cost and ensure coverage for those entitled for all employees who have completed their probationary period from the date of completion of probation.

a. Effective March 1, 1994, the Employer agrees to participate in and to be bound by the provisions, terms and conditions of the Group Insurance Plan G1241 0 (the Plan) made available through the Christian Labour Association of Canada Health and Welfare Trust Fund (the Fund).

The Plan benefits include:

i. $25,000.00 Term Life Insurance for employee;

ii. Life Insurance for dependents: $5,000.00 for spouse, $2,500 for child;

iii. $25,000.00 Accidental Death and Dismemberment (AD&D) Insurance rider for employee;

iv. 90% Prescription Drug Plan;

v. Vision Plan at $150.00;

vi. Semi-private hospital coverage;

vii. Dental Plan C.

911904 Ontario Inc. September 1, 2006-'- January 31, 2009


b. The Employer shall enrol all eligible employees (those who have completed their probationary period) in the Plan on forms supplied by the Administrator of the Fund (the Administrator).

c. The Employer agrees to pay the amounts set out in Schedule A to the Union Benefit Plan for each hour worked by each employee covered by this agreement as an irrevocable contribution to the Union's Benefit plan.

13.02 The Employer will continue to pay for all the insurances outlined in Article 13.01 for all employees who have been in the employ of the Employer for one ( 1) year or more and are prevented from working for any reason other than justified dismissal for a period of three (3) months. In case of sickness, a doctor's certificate is required.

13.03 Employees who have been in the employ of the Employer for less than one ( 1) year shall be eligible for payment of all the insurances outlined in Article 11.01 in accordance with the following:

a. In the event of any interruption of work for any reason other than sickness or accident, the Employer agrees to continue to pay the premium for a period of one (1) month.

b. In the event of sickness or accident, the Employer agrees to continue to pay the premium for all the insurances for a period of three (3) months. In case of sickness, a doctor's certificate is required.

13.04 Christian Labour Association of Canada Pension Plan - This plan is maintained and administered by the Union and is supervised by a Board of Trustees. Registered with the Canada Customs and Revenue Agency (CCRA) and the Financial Services Commission of Ontario (FSCO) as Pension Plan #0398594, the Plan is designed for the benefit of all employees covered under this Agreement.

The Employer shall pay and remit on behalf of each employee that has completed twelve (12) months of seniority the amount described in Schedule A of this Agreement.

The Employer agrees to deduct, by way of payroll deduction, and remit to the Union's Benefit Administration Office, voluntary employee pension contributions in addition to any other collective agreement Pension Plan contributions. Such amounts shall not exceed the limits established by the Canada Customs and Revenue Agency. These monies will be recorded separately on the Employer's monthly remittance to the Benefit Administration Office.

13.05 The Employer's contributions to the Health Fund and Pension Plan shall be recorded on a remittance sheet supplied by the Union. On this sheet the Employer will enter:



a. name of employee;

b. total hours' worked during the month for which the remittance is made;

c. date of termination (where applicable);

d. hourly rate of pay;

e. total sum of Employer contributions.

The Employer will forward to the Union's Benefit Administration Office monthly, not later than the fifteenth ( 151

h) of each month, the remittance sheet together with a cheque for the total amount of contributions for the Health Fund, Pension Plan and other Union Benefit Trust Funds. A copy will be forwarded to the Local 53 Office.

13.06 When the Employer hires new employees who are not members of the Union, the Employer shall inform the Union and the Union's Benefit Administration Office of the hiring of such employees within two weeks of the date of hiring and furnish them with the following information on the employee(s) involved:

a. name;

b. address;

c. date of birth;

d. telephone number;

e. social insurance number;

f. family status;

g. date of hire;

h. occupation

Information cards will be supplied by the Union.

All Employer contributions and employee deductions, such as the Employer's contribution to the Health Fund and Pension Plan and deductions made off the employee's wages, such as Union dues, are a Trust Fund in the hands of the Employer until the money is paid to the Union.

911904 Ontario Inc. September 1, 2006- January 31, 2009


ARTICLE 14 ·TRANSPORTATION, TRAVEL TIME & ROOM & BOARD

14.01 The Employer will provide transportation to job sites. If an employee's car is used for transportation to and from jobs, the owner shall be paid forty cents ($.28) per kilometer when authorized by the Employer.

14.02 Employees shall be obligated to travel together as much as possible to eliminate unnecessary car usage. No vehicle shall carry more than the standard designed capacity of such vehicle.

14.03 Employees shall be paid travel time, at one-half (1/2) their regular hourly rate, to and from any job that is outside of the city limits.

14.04 All time spent on traveling outside of the regular working hours shall be paid at the regular rate of pay and shall not be considered as time worked for the purpose of calculating overtime except for maintenance employees who travel between jobsites on any working day.

14.05 Drivers of Employer-owned or operated vehicles other than pick-up trucks shall book their driving time as time worked.

14.06 When employees are required to stay out of town, the Employer shall arrange for and provide adequate sleeping accommodations and provide employees with proper meals. If at all possible, there will be a maximum of three (3) persons per average size room on out-of-town jobs.

ARTICLE 15 ·TOOLS

15.01 All tradesmen shall supply their own tools except power tools.

15.02 Tools supplied by the Employer shall remain the property of the Employer.

15.03 Tools broken or worn out shall be replaced by the Employer at the Employer's expense. This does not include tools broken or worn out through abuse. Tools lost will be replaced by the Employer at its expenses provided the loss is promptly reported to the Employer and is not due to negligence.

ARTICLE 16 ·PROTECTIVE EQUIPMENT

16.01 The employees shall wear safety hats and other protective equipment if required in their duties purchased at the expense of the Employer.

16.02 All protective equipment shall remain the property of the Employer.



16.03 The Employer shall reimburse all employees with more than six (6) months of seniority to a maximum of seventy-five ($75.00) dollars each contract year upon presentation of proof of purchase of proper safety shoes or boots.

16.04 The Employer shall reimburse all employees with more than eight (6) months of seniority to a maximum of seventy-five ($75) dollars each contract year upon presentation of proof of purchase of coveralls. The Employer will replace or pay for replacement of coveralls that are damaged during working hours.

16.05 The Employer and the Union agree that it is of utmost importance for all personnel on Employer jobsites to be aware of safe work habits and to carry out job tasks in the safest manner possible. To further these objectives, the Employer and the Union agree to jointly sponsor, during regular work hours (with pay), a safety seminar, at least once per year to be attended by all Employer personnel who work on Employer jobsites. Such seminars shall be conducted by a recognized construction safety organization.

ARTICLE 17- REST PERIODS

17.01 There shall be two (2) short coffee breaks with pay, daily one (1) in the forenoon and one ( 1) in the afternoon. These rest periods shall be considered as time worked. It is understood that coffee breaks shall, as rnuch as possible, be taken during natural work interruptions.

ARTICLE 18- LEAVES OF ABSENCE

18.01 The Employer shall grant leaves of absence without pay and without loss of seniority rights for the following reasons and duration:

a. marriage 1 month

b. sickness 1 month

c. death in the immediate family 1 month

d. union activity other than this establishment 1 week

e. visiting out of the country 1 month

18.02 The above shall not preclude extensions for personal illness where it is established in an application prior to the expiration of the leave of absence that such request for extension is justified.

18.03 The immediate family in this Article shall mean: mother, father, mother-in-law, father-in-law, brother, sister, spouse, children and grandchildren of the employee.



18.04 Any employee requesting a leave of absence must submit his request to the Employer at least three (3) weeks in advance. This Article does not apply in cases of sickness or death in the immediate family.

18.05 If an employee is bereaved of his spouse, parent(s) or children, the employee shall be granted a three (3) day leave with pay to make arrangements for and to attend the funeral. If the employee is bereaved of his brother, sister, motherin-law, father-in-law or grandchild, he shall be granted a one (1) day leave with pay.

ARTICLE 19- GRIEVANCE PROCEDURE

19.01 The parties to this Agreement recognize the stewards and the CLAC representatives specified in Article 3 as the agents through which employees shall process their grievances and receive settlement thereof.

19.02 The Employer or the Union shall not be required to consider or process any grievance which arose out of any action or condition more than five {5) workdays after the subject of such grievance occurred. If the action or condition is of a continuing or recurring nature, this limitation period shall not begin to run until the action or condition has ceased. The limitation period shall not apply to differences arising between the parties hereto relating to the interpretation, application or administration of this Agreement.

19.03 A Group Grievance is defined as a single grievance signed by a steward or a CLAC representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.

19.04 A Policy Grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement. A policy grievance may be submitted by either party to arbitration under Article 20, bypassing Step 1 and Step 2. Such policy grievance shall be signed by a steward or a CLAC representative or, in the case of an Employer's policy grievance, by the Employer or his representative.

19.05 Step 1 -Any employee having a grievance will, accompanied by a steward or a CLAC representative, submit the same to his immediate supervisor within five (5) workdays of the act or condition causing the grievance. This supervisor will deal with the grievance not later than the third (3rd) workday following the day upon which the grievance is submitted and will notify the grievor and the Union representative in writing of his decision.

Step 2 - If the grievance is not settled under Step 1, a Union representative may, within five (5) workdays of the decision under Step 1 or within five (5)



workdays of the day this decision should have been made, submit a written grievance to the Employer. The parties shall meet to discuss the grievance within one (1) week after the grievance has been filed. The Employer shall notify the grievor and the Union representative of his decision in writing within three (3) workdays following the said meeting.

ARTICLE 20- ARBITRATION

20.01 If the parties fail to settle the grievance at Step 2 of the grievance procedure, the grievance may be referred to arbitration under the following procedure.

20.02 The party requiring arbitration must serve the other party with written notice of desire to arbitrate within fourteen (14) calendar days after receiving the decision given at Step 2 of the grievance procedure.

20.03 If a notice of desire to arbitrate is served, the two parties shall each submit names and addresses of nominees to act as sole arbitrator within seven (7) calendar days of notice being served. If the parties are unable to agree on an appointment for sole arbitration, either party may request the Minister of Labour to appoint a sole arbitrator.

20.04 No person may be appointed as arbitrator who has been involved in an attempt to negotiate or settle the grievance.

20.05 The decision of the arbitrator shall be final and binding on all parties.

20.06 Notices of desire to arbitrate and of nominations of an arbitrator shall be served personally, by registered mail or by facsimile transmission followed by verbal confirmation. If served by registered mail, the date of mailing shall be deemed to be the date of service.

20.07 If a party refuses or neglects to answer a grievance at any stage of the grievance procedure, the other party may commence arbitration proceedings and if the party in default refuses or neglects to appoint an arbitrator in accordance with Article 20.03, the party not in default may, upon notice to the party in default, appoint a single arbitrator to hear the grievance and his decision shall be final and binding upon both parties.

20.08 It is agreed that the arbitrator shall have the jurisdiction, power and authority to give relief for default in complying with the time limits set out in Article 19 and 20 where it appears that the default was owing to reliance upon the words or conduct of the other party.

20.09 An employee found to be wrongfully discharged or suspended will be reinstated without loss of seniority and with back-pay calculated at day rate or average



earnings, as applicable, times normal hours, less any monies earned or by any other arrangement which is just and equitable in the opinion of the arbitrator.

20.10 Where the arbitrator is of the opinion that there is just cause for disciplining an employee but considers the penalty imposed too severe in view of the employee's employment record and the circumstances surrounding the discharge or suspension, the arbitrator may substitute a penalty which is, in his opinion, just and equitable.

20.11 Each of the parties hereto shall jointly bear the expense of the arbitrator.

ARTICLE 21 -DISCHARGE, SUSPENSION AND WARNING

21.01 When the attitude or performance of an employee calls for a warning by the Employer, such a warning shall be a written one and a copy of this warning will be forwarded immediately to the office of the Union.

21.02 All disciplinary notices shall be handed out in the presence of a Union Steward or Union Representative.

21.03 An employee may be suspended or discharged for just cause by the Employer. Within five (5) workdays following suspension or discharge, the employee involved, together with a Union representative, may interview the Employer concerning the reason leading to the suspension or discharge. Within five (5) workdays following the interview the Union may submit the complaint to arbitration.

ARTICLE 22- EDUCATION AND ASSISTANCE FUND

22.01 a. The Employer will contribute to the Union's Education and Assistance Fund

for all hours' worked by bargaining unit employees. The following hourly amounts will be remitted monthly to the Union together with the Union dues, but Fund contributions will be separately itemized:

- Effective August 1, 2006- $0.15/hr.

b. The purpose of the Education Fund is to conduct from time to time seminars specific to the work of Union members in their industry or trade, seminars to train and upgrade Union Stewards in good labour relations practices and seminars which deal with basic issues concerning work and the workplace.

c. The Union will consult with the Employer so as to minimize work schedule interruptions when employees are to attend a seminar. The Employer will cooperate with the Union in granting time off for employees to attend



seminars provided the Union notifies the Employer in writing at least two (2) weeks in advance of the seminar.

d. The Education Fund will pay normal expenses for employees attending seminars. The Employer will pay the employee's regular wages for the hours of regularly scheduled work (not overtime hours) missed by the employee while attending a seminar. The Fund will reimburse the Employer fully for such authorized wage payments (not including Employer-paid benefits) upon receipt of an itemized statement.

ARTICLE 23- DURATION

23.01 This Agreement shall be effective on the first day of September, two thousand and six (2006) and shall remain in effect until the thirty-first day of January, two thousand and nine (2009) and for further periods of one ( 1) year unless notice shall be given by either party of the desire to delete, change or amend any of the provisions contained herein, within the period from ninety (90) to thirty (30) days prior to the renewal date.

SIGNED:

The Union:

J/!!Z-Gord O'Coin

Dated and signed in Sarnia, Ontario, this }G, day of fi:Dfl/:lf~


'2007.


SCHEDULE A

Skilled Trades- (Carpenter, Bricklayer, Licensed Welder and Cement Finisher) Wages V.P. H.W. Pen uo EAF C/B Total

01-Aug-06 $24.50 $0.98 $1.75 $2.00 $0.20 $0.15 $0.13 $29.71 01-Feb-07 $25.24 $1.02 $1.75 $2.00 $0.20 $0.15 $0.13 $30.49 01-Feb-08 $25.99 $1.04 $1.80 $2.00 $0.20 $0.15 $0.13 $31.31 Skilled Trades- (2-5 years service)

Wages V.P. H.W. Pen L/0 EAF C/B Total 01-Aug-06 $24.75 $1.49 $1.75 $2.00 $0.20 $0.15 $0.13 $30.47 01-Feb-07 $25.49 $1.53 $1.75 $2.00 $0.20 $0.15 $0.13 $31.25 01-Feb-08 $26.26 $1.58 $1.80 $2.00 $0.20 $0.15 $0.13 $32.12 Skilled Trades- (5+ years service)

Wages V.P. H.W. Pen L/0 EAF C/B Total 01-Aug-06 $25.00 $2.00 $1.75 $2.00 $0.20 $0.15 $0.13 $31.23 01-Feb-07 $25.75 $2.06 $1.75 $2.00 $0.20 $0.15 $0.13 $32.04 01-Feb-08 $26.52 $2.12 $1.80 $2.00 $0.20 $0.15 $0.13 $32.92 Operator- (Cranes, Shovels, Bulldozers, Scrapers, Front-End Loaders, Backhoes and Drag Line)

Wages V.P. H.W. 01-Aug-06 $22.00 $0.88 $1.75 01-Feb-07 $22.75 $0.91 $1.75 01-Feb-08 $23.52 $0.94 $1.80 Operator- (2-5 years of service)

Wages V.P. H.W. 01-Aug-06 $22.50 $1.35 $1.75 01-Feb-07 $23.27 $1.40 $1.75 01-Feb-08 $24.05 $1.44 $1.80 Operator- ( 5+ years of service)

Wages V.P. H.W. 01-Aug-06 $23.00 $1.84 $1.75 01-Feb-07 $23.78 $1.90 $1.75 01-Feb-08 $24.58 $1.97 $1.80 Labourers- (Less than 2 years of service)

Wages V.P. H.W. 01-Aug-06 $15.00 $0.60 $1.75 01-Feb-07 $15.45 $0.62 $1.75 01-Feb-08 $15.91 $0.64 $1.80 Labourers- (2-5 years of service)

Wages V.P. H.W. 01-Aug-06 $17.00 $1.02 $1.75 01-Feb-07 $17.51 $1.05 $1.75 01-Feb-08 $18.04 $1.08 $1.80


Pen L/0 EAF $2.00 $0.20 $0.15 $2.00 $0.20 $0.15 $2.00 $0.20 $0.15

Pen L/0 EAF $2.00 $0.20 $0.15 $2.00 $0.20 $0.15 $2.00 $0.20 $0.15

Pen L/0 EAF $2.00 $0.20 $0.15 $2.00 $0.20 $0.15 $2.00 $0.20 $0.15

Pen L/0 EAF $2.00 $0.20 $0.15 $2.00 $0.20 $0.15 $2.00 $0.20 $0.15

Pen L/0 EAF $2.00 $0.20 $0.15 $2.00 $0.20 $0.15 $2.00 $0.20 $0.15

C/B Total $0.13 $27.11 $0.13 $27.89 $0.13 $28.74

C/B Total $0.13 $28.08 $0.13 $28.90 $0.13 $29.77

C/B Total $0.13 $29.07 $0.13 $29.91 $0.13 $30.83

C/B Total $0.13 $19.83 $0.13 $20.30 $0.13 $20.83

C/B Total $0.13 $22.25 $0.13 $22.79 $0.13 $23.40


Labourers- (5+ years of service) Wages V.P. H.W. Pen L/0 EAF C/B Total

01-Aug-06 $20.00 $1.60 $1.75 $2.00 $0.20 $0.15 $0.13 $25.83 01-Feb-07 $20.60 $1.65 $1.75 $2.00 $0.20 $0.15 $0.13 $26.48 01-Feb-08 $21.22 $1.70 $1.80 $2.00 $0.20 $0.15 $0.13 $27.20

'AZ.' LICENSE: All Operators who hold a current 'AZ' License will receive fifty cents ($.50) per hour in addition to their regular rate of pay. Employees shall be given reasonable time off with pay to obtain or maintain an AZ license. Cost associated with obtaining the required medical certificate shall be bore by the employee. Employees shall pay any insurance surcharge resulting from an employee's driving record.

PROBATIONARY AND TRAINING RATES

1. Probationary employees shall be paid at a rate set by the Employer depending on experience and ability to perform during the probationary period. From the end of the probationary period to six (6) months' employment, the employee will receive twenty-five cents ($0.25) per hour below the rate in his classification. Upon completion of six (6) months' employment, the employee will receive the rate specified for his classification. The parties may mutually agree to extend the probationary period of an employee.

2. It is agreed that apprentices will receive the following percentage of the journeyman's rate:

First term Second term Third term Fourth Term Fifth Term

50% 60% 70% 80% 90%

3. Vacation pay during the four (4) month probationary period shall be four percent (4%).

WORKING FOREMAN: Employees in charge of a job shall receive seventy-five cents ($0.75) per hour in addition to the regular hourly rate in effect for their classification. The additional amount of seventy-five cents ($0.75) shall be added to the hourly rate and paid out to the employee(s) concerned on a weekly basis.

911904 Ontario Inc. September 1, 2006- January 31, 2009


GENERAL

1. All employees in the bargaining unit and/or as classified above shall be paid in accordance with the provisions of this Agreement. Employees in the bargaining unit shall not be paid on a salary basis.

2. All employees operating the Employer's equipment or performing work normally done by members of the bargaining unit in the above classifications shall pay an amount equal to Union dues.

3. It is understood and agreed that employees who are working more than two (2) days per work week in a trade or occupation other than their own shall be paid for the hourly rate specified for such work.

4. Should any government legislation or regulations increase the above rates, these rates shall automatically conform.



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